It doesn't work like this. If it's a tossup (ie probability =~1:1) then there's no legal liability. Importantly, whether the cat's dead or alive is irrelevant.
The issue here is that it's not a tossup. The probability is >=2:1 hence the liability, even if that is alive after the plunge.
The issue here is that it's not a tossup. The probability is >=2:1 hence the liability, even if that is alive after the plunge.